Standardising the standard of the learner driver: Imbree v McNeilly

Shircore, Mandy (2008) Standardising the standard of the learner driver: Imbree v McNeilly. James Cook University Law Review, 15 (2008). pp. 234-249.

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Abstract

More than twenty years after the High Court of Australia created an exception to the objective standard of care required of the reasonable driver by imposing a reduced standard upon inexperienced, unqualified drivers in respect to their supervising passenger, the High Court has ruled that this anomaly can no longer stand. Long a favourite of torts law examiners, the case of Cook v Cook,2 has recently been overruled in Imbree v McNeilly,3 so that the standard of care now owed by inexperienced drivers to all road users, including their supervising passengers, is one and the same - that of the 'reasonable driver'.

Item ID: 6498
Item Type: Article (Refereed Research - C1)
Keywords: duty of care
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ISSN: 1321-1072
Date Deposited: 05 Feb 2010 02:10
FoR Codes: 18 LAW AND LEGAL STUDIES > 1801 Law > 180122 Legal Theory, Jurisprudence and Legal Interpretation @ 100%
SEO Codes: 94 LAW, POLITICS AND COMMUNITY SERVICES > 9404 Justice and the Law > 940499 Justice and the Law not elsewhere classified @ 100%
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